As the COVID-19 vaccine becomes more readily available across the island, talk of vaccine mandates has been the topic of much controversy. Many private entities have already put out vaccine mandates for their staff as the general population anxiously anticipates the Government making a decision on the same. Real estate is just another industry worldwide that has been included in talks of mandatory vaccinations. It lends the question, can landlords mandate tenants to get the COVID-19 vaccine?

On a recent episode of Real Estate Today, aired on The Bridge FM’s “Up & Go” radio show withhost Richie B, vaccine mandates in the context of real estate were discussed. The host was joined by Howard Johnson Jr, CEO, of the feature’s sponsored partner, Howard Johnson Realty Limited, and guest, Steven Jackson, Attorney-at-Law at Samuda and Johnson Attorneys-at-Law. They delved further into the legality of landlords mandating COVID-19 vaccines and how conflict and confusion may be avoided.

Discussions on landlord-mandated vaccines tend to draw on the fact that it is the responsibility of the landlord to protect the public health and safety of those who live in their buildings and spaces. There are no current legal frameworks in Jamaica that allow for landlords to mandate their tenants to receive the COVID-19 vaccine specifically. However, Steven Jackson did suggest that the Rent Restriction Act (1983) may serve as a statutory provision for a mandate of sorts. He noted that this Act governs the relationship between landlords and tenants and the subsequent bodies that govern this relationship.

Jackson quoted from the Rent Restriction Act, “Nothing in this Act shall prevent the making of an order for the ejectment of any person wherein the opinion of the court is asked to make the order as the ejectment is important or expedient for the protection of the public health or public safety.”

Jackson explained that while the landlord may not mandate for a tenant to take the vaccine, they may apply to the court to seek the ejection of any tenant they believe affects the public health or safety of the property.

Jackson pointed out that, “any law that is to be developed regarding these COVID-19 vaccine mandates have to ensure they protect both the tenant as well as the landlord.”

At this time, there have been no known local applications to the court regarding any issues with tenants, landlords and COVID-19 vaccines. If you do, however, end up in a situation where you are threatened to be evicted based on not following a mandate as such, Jackson outlined that you should seek the advice of an attorney-at-law. Jamaica does have laws that prevent forcible eviction by a landlord. You may also call the police if you find yourself in a situation like this.

On the other hand, Howard Johnson Jr stated that “entering into a Tenancy Agreement is ultimately a contract.” That means you should read, clearly understand and accept the terms before the contract is signed. This process may include a weighing of pros and cons. Does the landlord require a vaccine? Is this something I don’t agree on? Do I think it’s worth it to challenge this decision? Will this start my tenancy off on a contentious note? Would it be better if I look somewhere else that does not have these requirements? It is also possible that you may have absolutely no issues with complying with your landlord’s requirements. Ensure you are not simply rushing to move but that you know exactly what your responsibilities will be before entering into any contract, Johnson advises.

Johnson suggested that landlords have frank conversations with their tenants to ensure that they know exactly what is required of them. He pointed out that these kinds of mandates may become especially important for tenants who may be sharing space with the landlord and their family. Unlike a tenant that will have their own space, these instances may put more people at risk of contracting the COVID-19 virus if tenants aren’t vaccinated.

A final piece of advice to listeners moving forward came from Howard Johnson Jr. with a clear tip of the day, he stated, “To reduce the chances of disputes or issues later, it is a wise move to closely scrutinise your Tenancy Agreement before you sign it. This is to make sure that you know what your obligations are and what rules and conditions you must adhere to.”

Once the tenant and the landlord are clear of their expectations and fully understand their responsibilities, there may be less conflict if situations, such as a vaccine mandate, arise.